Mining Company That Adhered To CBA Entitled To Terminate Worker With Osteoporosis
Posted on Sep 10, 2014 in Construction, Litigation, Workplace Safety | Comments Off on Mining Company That Adhered To CBA Entitled To Terminate Worker With Osteoporosis
At a West Virginia coal mine, an inside bunker attendant responsible for monitoring an underground belt haulage system was injured as a result of a fall. She previously had been diagnosed with osteoporosis. Several months later, she informed the mining company that she was ready to return to work, but the company’s workers’ compensation administrator concluded that her...
Seventh Circuit Finds No Liability For Facility Owner That Hired Expert In Hazardous Activity; Reverses Punitive Damages Awarded Based On Jury’s “Hindsight Bias”
Posted on Sep 9, 2014 in Product Liability | Comments Off on Seventh Circuit Finds No Liability For Facility Owner That Hired Expert In Hazardous Activity; Reverses Punitive Damages Awarded Based On Jury’s “Hindsight Bias”
Grain storage facilities must contend with the constant risk of explosions, caused by certain byproducts such as combustible dust and carbon monoxide (which can oxidize explosively to carbon dioxide) or may be set off by heat caused from decay of storage bin contents. In March 2010, a grain facility owner hired an expert to handle a specific “hot bin” that the facility was concerned...
Defense Verdict For Contractor At Arkansas Chicken Plant Affirmed By Eighth Circuit
Posted on Sep 8, 2014 in Construction, Investigations, OSHA | Comments Off on Defense Verdict For Contractor At Arkansas Chicken Plant Affirmed By Eighth Circuit
While renovating an Arkansas chicken plant, the worker for a mechanical and plumbing contractor accidentally dropped a pipe saddle on the employee of a different contractor while performing overhead work on the plant’s thermal piping used to carry hot cooking oil to cooking equipment. Because the location of an oven prevented a scissor lift from being situated directly beneath the...
Louisiana Federal Court Allows Most Claims Alleging Exposure To Radioactive Oilfield Waste Materials To Continue
Posted on Sep 7, 2014 in Energy/Environmental, Litigation, Product Liability | Comments Off on Louisiana Federal Court Allows Most Claims Alleging Exposure To Radioactive Oilfield Waste Materials To Continue
Following alleged occupational exposure to radioactive oilfield waste materials, a group of plaintiffs (including workers and their surviving spouses and children) sued a number of oil companies and their contractors alleging negligence, strict liability, intentional tort, and a claim for punitive damages. The U.S. District Court for the Eastern District of Louisiana allowed most of...
Non-Stormwater Discharges Of Coal Into Alaska Bay Not Shielded From Clean Water Act Liability
Posted on Sep 6, 2014 in Construction, Energy/Environmental, Transportation | Comments Off on Non-Stormwater Discharges Of Coal Into Alaska Bay Not Shielded From Clean Water Act Liability
The Ninth Circuit held that a Multi-Sector General Permit for Stormwater Discharges Associated with Industrial Activity (a general permit issued under EPA’s National Pollutant Discharge Elimination System (“NPDES”)) does not shield non-stormwater discharges of coal from Clean Water Act liability. The court reversed the U.S. District Court for the District of Alaska’s decision finding...
FEATURED
The Crisis Response & Incident Investigation Team at Eversheds Sutherland has substantial experience in guiding companies through crises, big and small, in providing a coordinated response to help mitigate risk and liability. More>>